Richard Davis and William Tracy , of St. Paul's Covent-Garden , were indicted for burglariously breaking the House of William Genew , Esq ; between the Hours of 12 and 1, in the Night-time, and feloniously stealing 24 Pewter-Plates, a pair of Pistols, a Sword, 7 Silver Tea-Spoons, 2 Cups, a Gold-headed Cane, 2 Perriwigs, and divers other Things of Value , the 23d of July last. And also, the latter for contriving, procuring, and a

betting the Felony; and also for receiving the said Goods, knowing them to have been stolen .

They were also indicted a second Time for breaking the House of the said William Genew , and feloniously stealing divers other Goods of Value , the 25th of July last.

They were also indicted a third Time, for burglariously breaking the House of Thomas Heath , and feloniously stealing 3 Feather-Beds, and other Furniture of Beds , the 13th of July last.

Mr. Genew depos'd, That his House had been broken open while he was out of Town, and his Goods stolen, and that hearing a Thief was taken, he went to the Roundhouse, and found a great many of his Goods in a Bag .

Patrick Gill depos'd, That Richard Davis got into the Prosecutor's House by a Key that he had procur'd from one Thatcham, who keeps an Old Iron Shop; and that Davis, and one Bagnal , not taken, carried the Goods to Thatcham's , and they not agreeing about the Price, Davis and Tracey mov'd the Goods from Thatcham's the next Morning; that Tracey furnished them with Hampers, Tinder-box, Flint, Steel, and Matches to commit the Robberies; and that he also had a Hammer, with which he drew the Charge out of the Prosecutor's Pistols; which Hammer was afterwards found in his Pocket, when he was apprehended; and 2 Wigs were found under a Board in his Barrow he being a Barrow-man for selling Fruit, &c.

Several of these Circumstances were confirmed by other Evidences, especially the finding of the Wigs in Tracey's Barrow.

Gill also depos'd, That Bagnal being apprehended, Tracey by a Stratagem got him off. The Fact as to the Burglary being fully prov'd against Davis , the Jury found him guilty of both the Indictments; but not being so against Tracey , they acquitted him; but the Proof of the Burglary and stealing the Goods of Thomas Heath being prov'd to the Satisfaction of the Jury, they found them both guilty of That. Death .